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as the states to make its own definition of marriage. >> doma is important because congress said it was important. i mean we send our elected representatives to washington, d.c. an they chose to say that marriage is one man and one woman for purposes of federal law. >> reporter: and conservatives say the founding fathers never contemplated gay marriage. >> because it is clearly not what anyone understood as marriage at the time of the framing of the constitution. >> reporter: still, same-sex families pay taxes and don't get the same benefits and the issue with doma really gets complicated if they have children who are also excluded from benefits. >> when we have kids i would like them to be born in a post-doma united states. >> reporter: still, california as one of only a handful of states that gives most of the benefits of marriage to same-sex couples and domestic partnerships. one question is whether any ruling by the court on california could affect all of those other states in the same way. pred? >> thanks so much, joe. >>> so is there a feeling that the landscape on gay marr
-- in the doma case, chris, because there the question is, if a state does decide to grant same-sex marriage, can the federal government refuse to recognize it, and there's a question here about whether the government has always or usually or normally deferred to the states to let them decide what marriage is. and lurking in both of them, it should be warned, is this question about whether the parties have legal standing to bring the cases. that's a much bigger issue in the doma case than it is in prop 8. >> i was going to say, pete, one of the most fascinating things i found in reading up about this is the standing question, do the people have the right to -- it's possible worry looking at this week as a massive moment and it's possible that the justices could rule no standing and maybe not. but let me play david boyce, the -- one of the lawyers in proposition 8 and arguing for and against repeal. let's play what they had to say over the weekend and come back and talk about it. >> every time the supreme court makes a constitutional decision, it's making a decision that certain fundamental rights
a challenge to the defense of marriage act, or doma. that federal law defines marriage as being one man and one woman. edith windsor of new york is a plaintiff in the doma case. she fought back when she received an inheritance tax bill for $363,000 when her partner of 42 years died in 2009. here's what she told you in an earlier interview. >> new york state accepted my marriage as a marriage. and i believe and the justice department and the president agreed with me that the law doma is unconstitutional. doma is cruel. it discriminates against us for absolutely no value to the country. and we'd like to see that defeated all together. >> joe johns is in washington with more on what's ahead this week. morning, joe. >> morning. these are two of the most important cases of the year for the supreme court. the case involving edith windsor is actually the second case scheduled to be heard this week on wednesday. that challenge to the federal defense of marriage act. this is the law passed by congress and signed by the pld in 1996 that takes away benefits of marriage of same-sex couples on the f
. she also believes the justices may come to a compromise, even portions of doma may be struck down. >> i think it will be appealing for conservatives on the court because it's a question of the federal government coming in to legislate in an area that has been traditionally reserved for the states making marriage law. i think it's a very conservative argument that will appeal to more conservative members of the court. then the liberal members of the court will be excited about being able to sort of affirm a commitment to progressive values like same-sex marriage. >> reporter: here's a breakdown of what may happen in the next few days. if the court strikes down prop 8 as a violation of constitutional rights same-sex marriage would become legal nationwide. or the cot can support prop 8, that means the state can decide whether or not to legalize same marriage. the supporters could be found to lack standing. some legal experts think the lower court rulings would stand if that were the case. >>> a berkeley couple will also attend the hearing. they've
come to a compromise, even portions of doma may be struck down. >> i think it will be appealing for conservatives on the court because it's a question of the federal government coming in to legislate in an area that has been traditionally reserved for the states making marriage law. i think it's a very conservative argument that will appeal to more conservative members of the court. then the liberal members of the court will be excited about being able to sort of affirm a commitment to progressive values like same-sex marriage. >> reporter: here's a breakdown of what may happen in the next few days. if the court strikes down prop 8 as a violation of constitutional rights same-sex marriage would become legal nationwide. or the cot can support prop 8, that means the state can decide whether or not to legalize same marriage. the supporters could be found to lack standing. some legal experts think the lower court rulings would stand if that were the case. >>> a berkeley couple will also attend the hearing. they've been together for 13 years and raised four boys. they say they want t
of marriage act, doma. what a week. the line began forming last night as our own justice department correspondent pete williams points out it may be the earliest we've ever seen a crowd form up there at the supreme court. we'll be right back. you hardly know i exist. that's too bad. 'cuz if my pressure relief valve gets stuck... [ booooooom! ] ...we hot water heaters can transform into rocket propelled wrecking balls. and if you got the wrong home insurance coverage, it's your bank account that might explode. so get allstate. [ dennis ] good hands. good home. make sure you have the right home protection. talk to an allstate agent. you know who you are. you can part a crowd, without saying a word... if you have yet to master the quiet sneeze... you stash tissues like a squirrel stashes nuts... well muddlers, muddle no more. try zyrtec®. it gives you powerful allergy relief. and zyrtec® is different than claritin® because zyrtec® starts working at hour one on the first day you take it. claritin® doesn't start working until hour three. zyrtec®. love the air. >> welcome back to "h
act. doma making news after former president bill clinton publicly urged the nine justices to overturn the rule he signed into law. now his wife, hillary clinton, is expressing her support for same-sex marriage. >> lbgt americans are our colleagues, our teachers, our soldiers, our friends, our loved ones. and they are full and equal citizens and deserve the rights of citizenship. that includes marriage. >> the clintons are joining prominent politicians on both sides of the aisle, including ohio senator rob portman, a republican who is publicly backing same-sex marriage. but will that political pressure have any impact on the nation's highest court? joining me now is cnn senior legal analyst, jeffrey toobin, and the executive director and founder of go proud, jimmy dealva. thank you both for being with us this morning. >> good morning. >> jimmy, there's a new poll in "the washington post" that shows a surprising 58% of americans support same-sex marriage. that is a sea change from just a few years ago. to what do you attribute that rise? >> i think that all americans are thinking about
prediction about what you think, van, will happen next week with the u.s. supreme court? >> i think that doma will be struck down, and i think kennedy is the decisive player. i think will is right, you won't see a big case, it's legal everywhere, it's done. i would love to see that, but i don't think they will do that. i think it's a narrow decision. >> it will affect two or three states. >> okay. thank you to both of you. van jones and will cain. >> you bet. >>> mystery caper. the case of nancy grace's missing cuff necklace. the prime suspect may be anderson cooper. at od, whatever business you're in, that's the business we're in with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business. od. helping the world keep promises. let's see what you got. rv -- covered. why would you pay for a hotel? i never do. motorcycles -- check. atv. i ride those. do you? no. boat. house. hello, dear. hello. hello. oh! check it -- [ loud r&b on car radio ] i'm going on break! the more you bundle, the more you save. now,
alimit of all the different parties on that. >> if the high court decides on doma, what does that mean for opponents for same-sex marriage? is that a settled issue, but is it like obama care and we'll still be talking about it years from now? >> we'll still be talking about it. let's let the states decide one at a time and that's probably the best way. public opinion is definitely shifting. maybe ten years from now, they all will be there. >> if the states decide, then we have patch work of laws where you have folks who can get married in california, but if they move to nebraska, are they recognized there? whatever your politics, there needs to be a settled universal law. >> for a while, gay rights advocates have argued that this shouldn't be settled in the courts, because he wanted a victory of public opinion. he wanted states one by one to have their people come over to the right side of the issue in their view. but i think that even andrew sullivan have come to the point where they say the majority of americans support same-sex marriage and those who oppose it are becoming less and
Search Results 0 to 8 of about 9

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